ANU Research Publications

Permanent URI for this collectionhttps://hdl.handle.net/1885/26

The Australian National University's Research Publications collection is an online location for collecting, preserving and disseminating the scholarly output of the University. This service allows members of the University to share their research with the wider community. ANU Open Research accepts journal articles, conference papers, book chapters, working or technical papers and other forms of scholarly communication.

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Now showing 1 - 20 of 123430

Open Access
Titular Roman Catholic Archbishop of Kuala Lumpur v Home Minister: What is the Name of God?
(Hart Publishing, 2022) Neoh, Joshua; Barker, Renae; Babie, Paul; Foster, Neil
The name of God is sacred. Although God is capitalised, God is not actually God's name. God is a common noun. If God has a name, that name would be a proper noun. In Judaism, God has a name that must not be pronounced. Where the Jewish tradition has the Tetragrammaton, the Christian tradition has the Trinitarian formula: In the Name of the Father, and of the Son, and of the Holy Spirit. Again, Father, Son and Spirit are common nouns, not proper nouns. In the Islamic tradition, insofar as Allah is simply the Arabic word for God, Allah too is a common noun, not a proper noun. But that is not so in Malaysia, after the case of the Titular Roman Catholic Archbishop of Kuala Lumpur v Home Minister. The Court of Appeal in that case has done what generations of prophets have not dared to do: to name God, that is, to give God a proper name. In Malaysia, the Islamic God has a proper name and that God's name is Allah. As Allah is the name of the Islamic God, no one else but Muslims can use that name to refer to God. Even if one disagrees with the court's judgment, one nonetheless has to admire its chutzpah. This chapter will begin by setting out the facts of the case (section I) and the legal reasoning in the judgments of the High Court, the Court of Appeal and the Federal Court (section II). Section III will point out the hodgepodge of legal errors in the Court of Appeal's judgment. Section IV will focus on one particularly audacious proclamation in the judgment: the Court's attempt to name God. Section III will address the legal errors, while section IV will address the theological-philosophical errors. When the secular judiciary intervenes in matters of religion, there is necessarily a degree of presumptuousness, for what do secular judges know about divine law? The job of human judges is to judge human law, not God's law. Even accepting a degree of presumptuousness that is necessarily present in such cases, the Court of Appeal judgment has surpassed even that. The Court of Appeal in this case claims to know the name of God or, more audacious still, to name God. This chapter argues that the name that the Court of Appeal has purportedly given to God is not only wrong in law, but also wrong in fact.
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Buddhist Logic
(Routledge, 2023) Tanaka, Koji
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The Many Faces of Impossibility
(Cambridge University Press, 2024) Tanaka, Koji; Sandgren, Alexander
Possible worlds have revolutionised philosophy and some related fields. But, in recent years, tools based on possible worlds have been found to be limited in many respects. Impossible worlds have been introduced to overcome these limitations. This Element aims to raise and answer the neglected question of what is characteristically impossible about impossible worlds. The Element sheds new light on the nature of impossible worlds. It also aims to analyse the main features and utility of impossible worlds and examine how impossible worlds can capture distinctions which are unavailable if we limit ourselves to possible world-based tools.
Open Access
Buddhist logic from a global perspective
(Routledge, 2022) Tanaka, Koji; Ludwig, David; Koskinen, Inkeri; Mncube, Zinhle; Poliseli, Luana; Reyes-Galindo, Luis
Buddhist philosophers have developed a rich tradition of logic. Buddhist material on logic that forms the Buddhist tradition of logic, however, is hardly discussed or even known. This article presents some of that material in a manner that is accessible to contemporary logicians and philosophers of logic and sets agendas for global philosophy of logic.
Open Access
How Can Buddhists Prove That Non-Existent Things Do Not Exist?
(Oxford University Press, 2021) Tanaka, Koji; Bernstein, Sara; Goldschmidt, Tyron
This paper explores a Buddhist view that denies the existence of all truths and facts, and how Buddhists have supported this doctrine. Tanaka clarifies the meaning of the doctrine, objections against it, and how Buddhist have engaged and might have engaged with the objections.
Open Access
Buddhist Shipping Containers
(Springer Science+Business Media B.V., 2023) Tanaka, Koji; Coseru, Christian
At the end of his review of The Fifth Corner of Four: An Essay on Buddhist Metaphysics and the Catuṣkoṭi by Graham Priest, Mark Siderits (2019) remarks:
Open Access
Against classical paraconsistent metatheory
(Oxford University Press on behalf of The Analysis Trust, 2023-04-01) Tanaka, Koji; Girard, Patrick
There was a time when ‘logic’ just meant classical logic. The climate is slowly changing, and non-classical logic cannot be dismissed off-hand. However, a metatheory used to study the properties of non-classical logic is often classical. In this paper, we will argue that this practice of relying on classical metatheories is problematic. In particular, we will show that it is a bad practice because the metatheory that is used to study a non-classical logic often rules out the very logic it is designed to study.
Open Access
OzFuel-1 Instrument Simulator Report: OzFuel Phase B Deliverable WP2 2.1 Version 2.0
(Australian National University, 2025-10) Hay, Eric; Younes, Nicolás
Open Access
Decolonisation and Racial Justice: A Critical Assessment of Multiculturalism in Hong Kong and Singapore
(2022-08-31) Hung, Alvin
Hong Kong and Singapore share many characteristics. Both cities are former British colonies with a Chinese majority, a predominantly Chinese culture, and a significant minority population that is primarily South and Southeast Asian in origin. They also seek to portray themselves as having a cosmopolitan image: Hong Kong is marketed as 'Asia's World City' due to its interconnectedness and geopolitical orientation; while the constitution of the dominant party in Singapore declares the country to be multiracial where people of diverse backgrounds live in harmony. To reinforce the desired image, both governments continue to implement policy initiatives aiming to promote 'multiculturalism.' However, an examination of multiculturalism in these former colonies indicates that in their postcolonial times the disadvantage of racial minorities continues or has even worsened, in the name of 'decolonisation.'
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Cultural Sensitivity: Doing Ethnography in a Multicultural Environment
(2022-01-03) Hung, Alvin
Developing cultural sensitivity remains a challenging task for socio-legal scholars conducting research in a foreign culture. Most of us want to believe ourselves to be open-minded individuals. However, different people understand the world in such variant ways that it is sometimes hard to reconsider our deeply held views to truly understand the perspective of others. Our theoretical perspective may not be nuanced enough. Our research practice may create barriers to accessing our participants. When the fieldwork site is a multicultural environment where different cultural perspectives meet, this presents an even bigger challenge. Cultural stereotypes - those existing in our minds and brought to the site, and those in the site but brought to our minds - are pervasive that our engagement in cross-cultural interactions demands continuous reflection on our research approach. This blog post is based on an article published in Qualitative Research Journal: https://www.emerald.com/insight/content/doi/10.1108/QRJ-07-2020-0074/full/html
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Legal Personality as Licence
(Griffith University, 2022) Worthington, Michelle
This article extends discussion of the recently introduced licence theory of legal personality to the two remaining categories of legal personality available under Australian law, namely, Natural Legal Personality and Bodies Politic. The licence theory conceives of legal personality as designated legal functions, grouped together for nominated purposes. More particularly, it conceives of legal personality as a licensing system, whereby legal personality is granted by the State subject to various nominated conditions. These conditions reflect the overarching purpose behind the grant of legal personality, and may be organised into three general categories: Capability Conditions; Public Interest Conditions; and Use Conditions. According to the licence theory, in forming an understanding of legal personality it is necessary to consider the following design factors: i) the means by which a particular legal person is activated; ii) the purpose underwriting the grant of legal personality by the State; iii) legal capacities and obligations; and iv) the various different conditions operative in relation to the grant of a particular class of legal personality. In this article, these four factors are applied and considered in relation to both Natural Legal Personality and the Commonwealth of Australia (being the pre-eminent manifestation of the Body Politic).
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Mercury Pollution From Coal-Fired Power Plants: A Critical Analysis of the Australian Regulatory Response to Public Health Risks
(The Law Book Company, 2018) Faunce, Thomas
This article explores the benefits likely to arise from Australia's ratification of the Minamata Convention on Mercury with regard to reducing public health risks from mercury emissions from coal-fired power plants. The current legislative frameworks regulating mercury pollution are critiqued, an exploration of the international approaches is undertaken, and recommendations are made aiming to produce a stronger, more stringent and long-term mercury protection policy for Australian communities.
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How a Body becomes a Boat: The Asylum Seeker in Law and Images
(University of California Press, 2018) Poon, Justine
Asylum seekers arriving in Australia by boat to seek protection have been the catalyst for significant legal reform and the proliferation of political discourses. The paper analyses the metaphor of the boat as being a common trope in the legislative category of the “unauthorized maritime arrival” and in the government images that advertised this legal change. The figure of the boat effaces the asylum-seeker's body from the frame of law and discourse and constructs a myth about sovereignty and borders that enables coercive control over asylum seeker bodies.
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Sentencing Indigenous Australians: Linking the Story of the People to the Story of the Person
(2016) Hopkins, Anthony
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Presentation - Information Capture in Risk Regulation: The Perspective from the United States
(2016) Jones, Judith
Presentation at the OGTR Forum 2015-16, 28th June 2016
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Presentation - The emergence of soil conservation legislation in Australia
(2016) Jones, Judith
FRONTIERS IN ENVIRONMENTAL LAW 2ND ANNUAL COLLOQUIUM: University of New South Wales February 2-3, 2016 Rethinking Biodiversity and Conservation: 11:15am 2nd Feb 2016 The emergence of soil conservation legislation in Australia Judith Jones, Australian National University
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Environmental Citizen Suits in the New South Wales Land and Environment Court: Frequency, success rates and citizen suit grants
(The Australia Institute, 2016-04) Macintosh, Andrew; Constable, Amy; Comfort, Isabella; Habeeb, Fathimath; Hilliker, Mhairin; Liang, Mandy; Oliveros Reyes, Anna-Claudia
Whether third parties should have standing to initiate legal proceedings in civil courts to uphold public environmental rights has been debated since at least the early 1970s, when Joseph Sax helped persuade the Michigan Legislature to include an open standing provision in its Environmental Protection Act of 1970. The traditional view in common law countries has been that access to civil courts to uphold public environmental rights should be limited to the Attorney-General of the relevant jurisdiction and those who suffer special damage from the infringement of the right. Sax’s proposal was to do away with these restrictions on standing and allow anybody to initiate judicial review or civil enforcement proceedings to uphold environmental laws. It was hoped that this would promote the rule of law and provide a partial remedy for the perceived systemic under-enforcement of public environmental rights by captured and poorly resourced Attorneys-General and regulatory agencies.
Open Access
Online Undercover Investigations and the Role of Private Third Parties
(K. Jaishankar, 2019) Grabosky, Peter; Urbas, Gregor
This article explores the use of covert online investigative methods by state agencies, and by individuals and institutions in civil society. Our focus is primarily on active investigations of online child exploitation. In particular, we are concerned with two types of investigative activity-- a) an investigator's active deceptive impersonation of a child or of a facilitator of child exploitation, online; and b) techniques of accessing and compromising information systems used for the purpose of child exploitation. While these investigative methods may have a legitimate place in contemporary crime control, they do pose problems. We look first at their potential for abuse by state agencies, and the remedies available to the targets of illegal or otherwise questionable state practices. We then turn to non-state investigators, and note that the targets of private investigation have even less protection. We conclude by articulating some standards by which the propriety of state and non-state covert online investigative activity may be evaluated.
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Family violence and family law: Time to re-visit the impact of violence on property settlements?
(Warringal Publications, 2017) Rowe, Margaret; Macduff, Anne
Research has established that family violence is a gendered harm and that Australian women are most likely to experience physical and sexual violence in their home, at the hands of a male partner or ex-partner. Family violence has been high on the political agenda during 2016 and 2017. Rosie Batty used her role as Australian of the Year to bring the issue of violence to the fore in both public and political discussion. The Commonwealth Government made substantial additional funding available to address family violence, and Victoria and Queensland initiated family violence inquiries leading to two significant reports.
Open Access
Australia's Conceptualization of Maritime Security
(Asia Maritime Transparency Initiative, 2021-12-08) Letts, David

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